H1b transfer with amendment & extn in progress (in case RFE raised)

[panacea6565]

Hello Experts, I need your suggestion

My petition for amendment & extn is filled by my current employer(big MNC) E in normal and is in process( I got receipt a month back).

I might get an offer from (big MNC) company C and they want me to join on receipt of H1b petition (though they are filing in PP).


Suppose I go ahead with C, and suppose there is a RFE raised on the employer E petition(amend & extn). Can this create a issue for me ?

Note : My current visa and i-94 is valid till Nov end this year

Thank you in advance

[shervin143]

It can definitely create an issue. If there is an RFE and if employer E is not willing to respond back since you are no longer working with them, then it can cause issues with the transfer. In recent times, USCIS has been raising RFEs on transfers when there is an initial extension filed and if it is under RFE. Also, it is never advisable to join an employer on the receipt notice. Search and read about the horror stories posted by people here on what happened when they joined on the receipt notice and transfer later getting denied. It is not worth the risk.